Ohio Questions & Answers by Practice Area


Ohio Questions & Answers

Q: Can I legally kick my 17 year old son out of our home if he is uncontrollable?

1 Answer | Asked in Family Law for Ohio on Jul 2, 2015

Answered on Jul 4, 2015

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Matthew Williams' answer
You can report the matter to the police, if you want. He may be found delinquent or unruly and potentially placed in a juvenile facility, if you do that. You cannot kick him out. First, you can't kick anyone out. Even if he were 22 and still living at home, you would have to evict him. Second, you cannot kick a juvenile out at all. You are responsible for him until he turns 18 or graduates/drops out of high school, whichever is later.

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Q: If I owe back child support and can only afford payments will that keep me from losing my drivers license and jail

1 Answer | Asked in Child Support for Ohio on Jul 2, 2015

Answered on Jul 4, 2015

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Matthew Williams' answer
If you come to a payment agreement with through the courts, you can likely avoid a license suspension and jail.

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Q: Can we pay incentives to existing employees to bring in prospective female job applicants?

1 Answer | Asked in Employment Law for Ohio on Jul 2, 2015

Answered on Jul 4, 2015

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Matthew Williams' answer
I don't believe there is any legal you reason you cannot pay employees incentives to recruit.

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Q: If you are 16 can you move out with out your parents saying you can't? Say there is some trouble at home.

1 Answer | Asked in Juvenile Law for Ohio on Jul 2, 2015

Answered on Jul 4, 2015

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Matthew Williams' answer
You can move you, but your parents can take legal action to have you returned and you may be treated as a runaway by the authorities.

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Q: Telecommunication Harrassmnet

1 Answer | Asked in Criminal Law for Ohio on Jun 30, 2015

Answered on Jul 1, 2015

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Matthew Williams' answer
If the police recommend charges, the prosecutor will almost always file them.

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Q: I have my name on two auto loans can I not turn them in to bankruptcy and pay them

1 Answer | Asked in Bankruptcy for Ohio on Jun 28, 2015

Answered on Jun 30, 2015

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Matthew Williams' answer
If you pay off certain creditors prior to filing a bankruptcy petition or during the pendancy of any such petition, the trustee can reverse those payments and get the money back. This part of the law is known as a clawback provision. It is designed to keep bankrupt individuals from favoring one creditor over another. For example, lets say I am going bankrupt and have a mortgage but also owe money to a family member. By law, the mortgage debt is first in line as a secured debt. If I make a big...

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Q: do I need to give a reason to have a renter leave the apartment when giving them a 30 day notice to leave after a lease

1 Answer | Asked in Landlord - Tenant for Ohio on Jun 28, 2015

Answered on Jun 30, 2015

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Matthew Williams' answer
It always helps to have a reason, but if the lease is up and you simply do not want to renew it, you can give notice as provided for in the lease. Note that cashing any check or otherwise accepting any payment for a month outside the original lease may create a new tenancy.

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Q: I'm 42 years old and my biological father is unknown, even says so on my Birth Certificate. My step dad raised me.

1 Answer | Asked in Adoption for Ohio on Jun 28, 2015

Answered on Jun 30, 2015

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Matthew Williams' answer
It will certainly be easier if you use a lawyer, but as long as this is a mutually desired thing and no one is objecting, you can probably get it done yourselves. The prospective adoptive parent needs to file a petition in domestic relations court. Also, if money is a concern, call your local legal aid society office. They may have form petitions for this sort of thing, which will get you started.

You should read this information:...

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Q: If my bf who is 19 gets me pregnant, And I'm 16 the legal age of consent in Ohio. Could my father press charges on him?

1 Answer | Asked in Criminal Law for Ohio on Jun 28, 2015

Answered on Jun 30, 2015

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Matthew Williams' answer
This would not be unlawful sexual conduct with a minor unless the pregnancy could be used to show you were under 16 at the time you had sex, i.e., if you turned 16 a week ago and were three months pregnant. However, if there is a pattern of poor behavior and disobedience, which could lead to you being found delinquent, your boyfriend could potentially be charged with contributing to the delinquency of a minor. Also, I would expect a miserable custody fight if you are pregnant and your dad hates...

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Q: On a first offense how long can i go to jail for back child support?

1 Answer | Asked in Child Support for Ohio on Jun 28, 2015

Answered on Jun 30, 2015

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Matthew Williams' answer
Non-support is generally a first degree misdemeanor carrying up to 180 days on a first offense. It can, however, be a felony of the fifth degree, carrying up to 12 months, if during the past 104 weeks (two years) you have failed to provide support for an accumulated 26 weeks whether or not those weeks were consecutive.

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Q: Does US Social Security payments count as income when calculating Australian Age pension?

1 Answer | Asked in Social Security for Ohio on Jun 29, 2015

Answered on Jun 30, 2015

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Matthew Williams' answer
In Australia? Wow, I have no idea. You would need to ask an attorney in Australia. I don't believe this site includes attorneys from countries outside the US.

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Q: In Ohio, can a bank sue the estate (established Feb 2013) for deficiency judgement in a foreclosure after six month?

1 Answer | Asked in Bankruptcy for Ohio on Jun 29, 2015

Answered on Jun 30, 2015

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Matthew Williams' answer
The statute of limitations on deficiency judgments in two years. It is unclear from the facts you've given when that clock started ticking.

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Q: Can I sue an employee for knowingly covering up mold, incorrectly performing his duties, and looking us the contract?

1 Answer | Asked in Employment Law for Ohio on Jun 29, 2015

Answered on Jun 30, 2015

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Matthew Williams' answer
Yes, you can sue someone for such things. However, you may struggle to find an attorney to take the case as I am guessing your employee is now an unemployed, ex-employee with little or nothing to take. Such a person is called judgment proof. You can get a judgment against them, but you cannot collect it because there is nothing to take.

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Q: Green Card holder that want to get Deported on my own will

1 Answer | Asked in Immigration Law for Ohio on Jun 29, 2015

Answered on Jun 30, 2015

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Matthew Williams' answer
Why do you want to get deported? Why not just leave. You can always leave. If you get deported, there will be a time period you cannot come back.

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Q: If I runaway at 17 and I'm on probation can I get in legal trouble if I come back after I'm 18

1 Answer | Asked in Criminal Law for Ohio on Jun 20, 2015

Answered on Jun 27, 2015

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Matthew Williams' answer
Yes, the juvenile court will still have jurisdiction in such a case. You cannot simply runaway until you are 18 and then get out of it. If you could, every juvenile probationer would run away.

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Q: Is it possible to move a court date?

1 Answer | Asked in Juvenile Law for Ohio on Jun 23, 2015

Answered on Jun 27, 2015

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Matthew Williams' answer
It is typically possible to move court dates around through a motion to continue. The first few such motions are generally granted as a matter of course. A person charged with marijuana possession ought to have an attorney. These charges can impact your driver's license and eligibility for various government programs including federally insured student loans.

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Q: If an individual is over 18 and the partner is 16. Can the party legaly have sex. Live together and raise a family.

1 Answer | Asked in Criminal Law for Ohio on Jun 23, 2015

Answered on Jun 27, 2015

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Matthew Williams' answer
Yes. Though the 16 year old's parents could bring a court action to have the 16 year old returned home.

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Q: annulment..marriage not consumed which took place just a month ago.. have not lived together yet

1 Answer | Asked in Divorce for Ohio on Jun 23, 2015

Answered on Jun 27, 2015

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Matthew Williams' answer
Probably. https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-199.aspx

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Q: Are local officials allowed to enforce a certain section of the zoning resolution in some cases but not others?

1 Answer | Asked in Land Use & Zoning for Ohio on Jun 24, 2015

Answered on Jun 27, 2015

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Matthew Williams' answer
As long as the enforcement and interpretation of the provision is uniform, i.e., as long as they go after other people with chickens too, their action would likely be upheld in court. Lax enforcement on a separate provision regarding the growing of fruits and vegetables isn't really relevant. The court will want to know about enforcement on the chickens. If your neighbors all have chickens, and you are the only ones the city comes after, then you would have a selective enforcement argument.

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